October 3 2012
− new forum is up
− do some investigation
− you may not/likely will not know about everything
− see if you can find something that shocks your sensibility
Wertheimer - Consent and Sexual Relations
Theory of Consent:
Consent as Morally Transformative: capable of authorizing or legitimating others behaviour
with respect to one
1. Consent is an act – per formative not attitudinal, requires a tokenstill need them to act in the way
of giving you consent Tokens of consent can be explicit / tacit; verbal / nonverbal
bit of a problem, some sexual conduct codes say it HAS to be verbal
2. Provided the absence of defective consent – competence, absence of coercion, absence
3. of misrepresentation/concealment
Principles of Consent: When is Consent Morally Transformative?
Considerations: criminal consent-eliciting behaviour
1. Coercion requires two conditions:
a) threat to make worse off
b) reasonableness of succumbing to threat vs. suffering consequences
1. condition a) what is a threat? verbal or non-verbal? worse off than what? Baseline defined
by status quo or right?
2. condition b) When is it reasonable to succumb rather than suffer? Even if coercive.
options: can someone do something else?
severity of the consequences
2. Fraud or Concealment: when does misrepresentation constitute a criminal offense? -
caveat emptor? - criminal fraud or medical informed consent?
Problem: ordinary parts of courtship may turn out to be illegal if we take